CLAY COUNTY SCHOOL DISTRICT. Property & Casualty Insurance Renewal Executive Summary. for June 30, 2013 to June 30, 2014.

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1 CLAY COUNTY SCHOOL DISTRICT & Casualty Insurance Renewal Executive Summary for June 30, 2013 to June 30, 2014 Presented by: Jori L. Van der Voort, ARM Area Vice President Craig S. Fainstein, CPCU, ARM, ASLI, ARe Area Assistant Vice President Mayte Gandulfo, ARM Executive Account Manager Jessica Azucena Technical Assistant Arthur J. Gallagher Risk Management Services, Inc N.W. 41 st Street Suite 200 Miami, Florida Telephone: (305) Fax: (305) Date Presented: June 18, 2013

2 EXECUTIVE SUMMARY About your Broker: Arthur J. Gallagher Risk Management Services, Inc, Arthur J. Gallagher Risk Management Services and Clay County School Board have worked together for many years to provide the District with a comprehensive and cost effective solution to its insurance program. AJG is the 4 th largest Insurance Broker in the World. A public company traded on the New York Stock Exchange. Over 200 offices throughout the United States and in all major insurance market centers. Over $5 billion worth of premiums placed Worldwide. Over 13,000 employees worldwide linked together by Gallagher Online for immediate access to market information and client solutions. Known nationally as the Public Entity and Scholastic experts. Unsurpassed FEMA public assistance expertise Representative Area and Scholastic Clients Clay County School District Duval County School District Baker County School District Nassau County School District Putnam County School District Putnam County BOCC Bradford County School District Florida State College at Jacksonville Union County School District St. Johns County BOCC Columbia County School District NE Florida Healthcare System Flagler County School District Dixie County School District Hamilton County School District Gilchrist County School District Levy County School District Lafayette County School District Miami-Dade County School District Suwannee County School District State of Florida Broward County School District 1

3 EXECUTIVE SUMMARY (continued) Service Highlights: Arthur J. Gallagher Risk Management Services works closely with the District to provide resources and services that add value to the insurance purchasing decisions made throughout the year. Last year we worked closely with the District s Business Affairs, Code Enforcement, and Facility Planning & Construction departments to recode the report of locations to current industry standards. This team effort resulted in a reduction of more than 35% in the District s modeled loss projection (a very strong result), and continues to help us obtain the most favorable property insurance pricing and terms available. This year we were met with a challenging market for Excess Workers Compensation insurance and School Leaders Liability insurance. We have therefore worked diligently to ensure that the District is receiving the best coverage terms and pricing available. Among the additional services that we provide are: Obtaining flood zone information for the District s locations Assisting the District with obtaining a reasonableness determination from the State of Florida to assist with potential eligibility for Federal disaster assistance. Reviewing and advising on contracts and third party insurance. Loss Control and Claims Advocacy Services, which are available Placing the TULIP program. This has become a valuable service to the community, and has resulted in cost savings to local citizens, while helping the District to manage its liability exposure. Finding creative ways to minimize costs while maximizing the protection that the District receives. 2

4 Marketplace Status as of June 2013 Clay County School District EXECUTIVE SUMMARY (continued) Insurance Firming, but not hardening The last 15 months can be characterized as a transitional period in the property insurance market. Although no major property loss events occurred in Florida in 2011, rates crept up in 2012 due to the prior year s global catastrophes, and the introduction of RMS 11 modeling software. This resulted in 2012 being a profitable year for most property insurers. Superstorm Sandy caused an estimated $25 to $30 billion in insured losses, but this has not had a direct effect on Florida property insurance. The general consensus is that Sandy will force insurers to reevaluate their flood and storm-surge exposure in the Northeast. Notwithstanding the recent positive underwriting results in Florida, due to the investment climate, the overriding factor affecting rates for all lines of coverage is a move away from cash flow underwriting, and toward earning an underwriting profit. Excess Workers Compensation Market remains volatile We continue to seeing significant tightening in the excess workers compensation insurance market, as industry losses have been catching up to the soft market premiums of recent years. This is reflected in industry combined ratios which have exceeded 100% (and which have little to no investment income to make up the difference). Some of the symptoms: In 2010, Chartis announced that it would exit the excess workers compensation market entirely. Recently Liberty Mutual has virtually exited the market Several carriers implemented large rate increases (up to 35%). In many cases this made them uncompetitive, and revealed that they preferred to lose accounts, than continue to provide coverage at existing rates. Carriers have had their ratings threatened Schools Leaders Errors & Omissions Market hardening As we approached the renewal this year, National Union (part of AIG) advised us that they are re-examining their School Leaders Liability Insurance portfolio in light of the overall book s claims experience. AIG advises that their overall book has been priced at about 30% of the actuarially-derived level, and that this has become evident as their losses have exceeded the amount of premium collected Accordingly, AIG is repricing their entire book of business as follows: 1. Accounts with no losses over an extended period of time (8 to 10 years) are receiving rate increases of 20% or more. 2. Accounts with a few manageable losses are receiving up to a 40% rate increase. 3. Accounts with unacceptable loss experience, if they continue to be renewed, are receiving rate increases of up to 65%. Based on its loss history, Clay County School District falls into the second category. However, it is important to note that National Union is an admitted carrier, and that their rates are filed with, and approved by the State of Florida, and program sustainability is a major consideration. 3

5 EXECUTIVE SUMMARY (continued) Risk Characteristics of Clay County School District Concentration and Geographic Location of : Clay County School District has over $1 billion of insured values concentrated in Northeast Florida. Values Exposed and Probable Maximum Loss (PML): Each year we analyze the School District s property schedule, in terms of wind exposure using the RMS and AIR models. This year the models remain consistent with last year in projecting a PML in the $25 to $50 million range. Thanks to the efforts of District Staff, the significant reduction in the RMS loss projection continues to help us in negotiate a very favorable property renewal. While the models cannot predict the future, their results tell us that insurers expect the entire $11 million of Named Windstorm coverage being providing to be exhausted in the event of a moderate to severe hurricane. Therefore, we recommend the School District consider an increased named windstorm limit, which can be made available upon request Hurricane Modeling Results AIR v.13 RMS v.11 Critical Probability Return Period Ground Up Gross Loss Ground Up Gross Loss 0.10% 1,000 $52,618,621 $19,810,540 $109,374,546 $86,688, % 500 $37,518,818 $13,544,416 $81,259,742 $62,075, % 250 $25,727,787 $10,510,906 $55,680,995 $39,710, % 100 $11,157,978 $2,613,397 $28,130,046 $14,965, % 50 $5,937,403 $865,306 $13,492,931 $1,220, % 20 $1,671,926 $130,630 $3,186,522 $0 AAL $539,700 $155,488 $1,115,435 $521,872 Please note that these are only estimates; an actual event could cause a loss that deviates significantly from these values. Large Individual Locations: The District is scheduling three locations whose values exceed the $51 million (non-named windstorm) loss limit. Therefore, we recommend the District consider increasing the non-named windstorm limit from $51 million to $63 million. This would help the District obtain a more complete recovery in the event that a single high value location was destroyed in a covered loss (e.g. a fire or tornado). A quote for this option can be made available upon request. Location Oakleaf High School Orange Park Sr. High Middleburg Sr. High Ridgeview Sr. High Value $69 million $61 million $58 million $52 million 4

6 EXECUTIVE SUMMARY (continued) Exposure Changes Since Last Year Projected Exposure % Total Insured Values (TIV) $1,071,388,873 $1,046,329, % Total Vehicles % Total Payroll $187,667,129 $192,612, % GOE $240,784,958 $242,468, % Student Count 35,777 34, % Employee Count 4,842 4, % Renewal Goals and Highlights In view of continued pressure on the District s budget and in light of market pressure on pricing, our overriding goal for the 2013 renewal was to maintain stability in the program within existing premium levels, broaden coverage, and obtain premium reducing options. Results and major options obtained for Clay County School District include: An option to renew the overall program at a 2% reduction in cost, which is about $24,000 in savings. An option to change the School Leaders Liability insurance limit, to match the in-state Liability limits, as well as add Abuse coverage. This will reduce the District s costs by an additional $15,000. An option to change the School Leaders Liability policy to a new carrier, for additional savings. 5

7 Market Review We have approached the following carriers in an effort to obtain the most comprehensive and cost effective insurance program. CARRIER LINE OF COVERAGE CARRIER POSITION Certain Underwriters at Lloyd s Package Munich Re Package Non Bindable Indication $480,000 New York Marine Excess Workers Compensation Pending Response ACE USA Excess Workers Compensation Declined- Does not meet Minimum Premium Safety National Insurance Co Excess Workers Compensation Pending Response Arch Insurance Company Excess Workers Compensation Declined- Unable to compete Star Insurance Company Excess Workers Compensation National Union Fire Insurance Company of Pittsburgh, Pa. School Leader E&O Hiscox, Inc School Leader E&O Declined- Loss History does not meet underwriting guidelines Landmark American School Leader E&O Non bindable indication- $78K to $85K with $150K retention Darwin School Leader E&O No response Colony School Leader E&O No response Scottsdale School Leader E&O No response Chubb School Leader E&O No response Western World School Leader E&O No response ACE American School Leader E&O Non bindable indication with $150K EPL SIR Commerce and Industry Insurance Company Zurich American Insurance Company Storage Tank Liability Boiler & Machinery Hartford Steam Boiler Insp. Boiler & Machinery Non bindable Indication Hartford Fire Insurance Company Crime Westchester Surplus Lines Insurance Company Allied World Assurance Company, Ltd Alterra Excess & Surplus Insurance Co Maiden Specialty Insurance Company Landmark American Insurance Company Liberty Surplus Ins. Co. 6

8 Market Review (continued) CARRIER LINE OF COVERAGE CARRIER POSITION General Security Indemnity Co. Non bindable indication- $10m xs primary at $725k layer premium Aspen Specialty Insurance Co. Primary/Excess Market. Capacity filled, awaiting formal response. Axis Surplus Ins. Co. Indicated interest in a quota share layer, capacity filled. United National Ins. Co. Unable to entertain due to size of TIV Essex Ins. Co. Merged with Alterra so unable to quote since Alterra is already on the program. Great American Insurance Co. of NY Hiscox Inc. on behalf of certain Underwriters at Lloyd s of London Cannot entertain including wind peril. Uncompetitive pricing Ironshore Specialty Ins. Co. Non bindable indication-$3.3m part $10m xs primary at currently quoted pricing Torus Specialty Ins. Co. Not actively quoting wind exposed accounts Lexington Insurance Com Primary Market. Capacity filled, awaiting formal response. Colony Insurance Co. Capacity filled, awaiting formal response. Lloyds of London Indicated interest in a quota share layer, capacity filled Maxum Indemnity Com. Capacity filled, awaiting formal response. Westport Insurance Corp Primary/Buffer Market. Capacity filled, awaiting formal response. Travelers Indemnity Com Possibly entertain x-wind coverage Indian Harbor Insurance Company Indicated interest in a quota share layer, capacity filled Homeland Insurance Co. Cannot entertain including wind peril. Arch Specialty Ins. Co. Primary/Excess Market Capacity filled, awaiting formal response. Certain Underwriters at Lloyds (AmRIsc) Indicated interest in a quota share layer, capacity filled Columbia Casualty Com. Capacity filled, awaiting formal response. James River Ins. Co. Excess market, capacity filled 7

9 Program Illustration (Renewal as Expiring) (summary only, does not include all terms and conditions) Maiden $10M p/o $40M Liberty $10M p/o $40M RSUI $50,000,000 $20M p/o $40M Excess of $11M X-Named Storm Westchester $5M p/o 10M AWAC $2.5M p/o $10M Alterra $2.5M p/o $10M Excess of $1M Lloyd s of London $900,000 SIR $100,000 Per Occurrence (except N.S.) Liability $5,000,000 Lloyds of London $4,000,000 Out of State Lloyd s of London $900,000 SIR $100,000 Per Occurrence Workers Compensation Star Ins. Co. Workers Comp STATUTORY Employers Liability $1,000,000 Lloyd s of London $250,000 xs SIR SIR $250,000 Per Occurrence School Leaders $1,900,000 Excess E&O Lloyds $900,000 E&O National Union $1,000,000 Boiler & Machinery $50,000,000 Zurich American $50,000,000 Any One Accident Accident $50,000 Deductible $10,000 Deductible Crime Hartford $100,000 Inside $25,000 Outside Includes Faithfull Performa nce $5,000 Deductible UST Liability $1,000,000 Commerce and Industry $1,000,000 Limit $10,000 Deductible 8

10 Renewal Report Market Responses for Clay County School District We are very proud of the results that we have been able to obtain on this year s property and casualty insurance renewal. The team effort that we began last year, and District staff s diligence in maintaining its statement of values is continuing to pay dividends, and this year we were able to obtain an additional reduction in the District s property insurance premium. In addition, we have obtained options to further reduce costs, while enhancing the District s insurance program. School Board Package Foundation for the District s Self-Insurance program, providing property, liability, workers compensation coverages, and optionally, Educators Legal Liability. We are presenting two options for the package renewal: 1. Renew as expiring, with no change in pricing 2. Reduce the excess School Leaders Liability limit, to match the District s in-state casualty limit, and add Abuse coverage. This will reduce the premium by $15,000. Renewal Premium: $390,000 (Option 2 Premium: $375,000) Please keep in mind that the School Board Package may also make funds available to the School District for related loss control projects. Excess Insurance Program The Excess Insurance program provides $50 million of coverage ($10 million of Named Windstorm coverage) in excess of $1 million of coverage provided by the package. We are happy to report that we have been able to obtain a premium reduction of $54,000 on this coverage. This is due to the District s assistance, in partnership with the Gallagher team, as well as our negotiations in the market, and maintaining a competitive environment. Master Insurance Program Premium Options Loss Limit $50,000,000 $50,000,000 Named Storm Sublimit $10,000,000 $10,000,000 Named Storm Deductible 10% / $1,000,000 minimum 10% / $1,000,000 minimum Premium $807,250 $753,256 % Premium Change -6.69% Above is for illustrative purposes. Does not include all terms and conditions or mandatory surcharges. Above does not include TRIA terrorism, which is available for an additional premium. An option for reducing the named storm deductible on the package and excess property program is available; please let us know if you would like to discuss this further. 9

11 Renewal Report Excess Insurance Program Schematic $51M RSUI / Maiden Specialty / Liberty Surplus $40M xs $11M Excluding Named Windstorm, Flood, Earthquake $11M Westchester / AWAC / Alterra $10 million Including Named Windstorm Flood, Earthquake Excess of $1 million plus deductibles $1M Package / SIR Package Layer is $900,000 excess of $100,000 Self Insured Retention 10% (minimum $1 million) deductible applies to Named Windstorm 10

12 Boiler and Machinery (B&M) Clay County School District Renewal Report Coverage is provided by Zurich, and remains the same as expiring. However, the rate has increased by 5%. There may be an option to move this coverage to another carrier, and reduce the premium slightly. However, we have seen the responsiveness of Zurich claims department in action, and we do not recommend moving this coverage away from them. Renewal Premium: $14,403 $ $ $ $ $ $ *deductible increased Excess Workers Compensation Boiler & Machinery Insurance Rate per $100 of coverage * As discussed above, the excess workers compensation market has been tightening over the last two years, and it is not uncommon to see rate increases of over 30% year-over-year. Although the District s rate for this coverage has increased by about 15% this year, this pricing continues to remain historically low. This is considered to be a positive result in the current market, and it indicates that the carrier values the District s continued business. We have also marketed this program to other insurers, and have not found any who will offer a competing quote, further validating this renewal pricing Excess Workers Compensation Rate per $100 of Payroll $500,000 Self-Insured Retention (to be eroded by the $250,000 package buffer layer) Statutory Workers Compensation and $1,000,000 Employers Liability Coverage Renewal Premium: $107,092 11

13 Clay County School District Renewal Report School Leaders and Employment Practices Liability As discussed above, the School Leaders Professional Liability Insurance market is experiencing difficulties, and the premium for this coverage has increased by about $10,000. While this results in a 30% rate increase, it is notable that the District s pricing has been very favorable for the last few years (as illustrated below). We have done extensive marketing of this program, and find that the pricing and coverage remain very competitive, but there is an alternative to discuss. Coverage is provided by National Union Fire Insurance Co. The limit of insurance is $1,000,000 with a $50,000 deductible Renewal Premium: $45,268 Alternative option with Western World is available, and warrants consideration $60,000 SchoolLeaders Liability Insurance Premium History $55,000 $50,000 $45,000 $40,000 $35,000 $30, Crime Crime coverage is provided by Hartford Insurance Company Limits and deductibles are as follows (same as expiring): Public Employee Blanket Bond: $100,000 limit, $5,000 deductible Theft, Disappearance, and Destruction of Money, Security, and Other : $25,000, $5,000 deductible Includes Faithful Performance of Duties Renewal premium: $2,382 Storage Tank Liability Coverage is provided by Commerce & Industry Insurance Co. Limits provided are $1,000,000 per Occurrence/$1,000,000 Aggregate. Subject to a $10,000 deductible Coverage is for scheduled tanks at scheduled locations only, to meet statutory requirements. Renewal Premium: $3,275 12

14 Options and Cost Summary Option I Option II Remove excess School Leaders and add Abuse coverage Renew as % % Premiums Expiring Change Change London Package $ 390, $ 390, % $ 375, % Excess $ 807, $ 753, % $ 753, % Excess WC $ 90, $ 107, % $ 107, % B&M $ 13, $ 14, % $ 14, % School Leaders $ 34, $ 45, % $ 45, NA Storage Tank $ 3, $ 3, % $ 3, % Crime $ 2, $ 2, % $ 2, % Total Cost before fees $ 1,341, $ 1,315, % $ 1,300, % Florida Surcharges/ FEMA Fees $ $ % $ % Admitted Surcharges $ $ % $ % Citizens Assessment $ 11, $ 11, % $ 11, % FHCFEA Assessment $ 15, $ 15, % $ 15, % FIGA (0.8%) $ $ % $ % AJG Risk Management Fee $ 60, $ 60, % $ 60, % $ 1,430, $ 1,402, % $ 1,387, % Notes: Additional Option: Select Western World School Leaders Liability for approximate premium savings of $8,000. Please see program comparison on the last page of this summary. Above premiums do not include Optional TRIA Terrorism coverage. 13

15 Notes of Importance Subject to: Signed statement of values Signed package application Signed TRIA Terrorism forms. Original signed storage tank application Clay County School District Inspection and compliance with recommendations deemed essential by property underwriters. Recommended Coverages Following are coverages that we encourage you to consider in order to enhance the School District s insurance program. Please let us know if you would like to discuss any of these coverages further, if you would like for us to obtain additional quotes, or if you have additional concerns that we have not addressed herein. Abuse & Molestation (quote included herein) NFIP Flood Insurance for Shadowlawn Elementary (now shown to be in Zone A) Higher windstorm limit. Higher non-named windstorm limit (fire coverage for locations valued over $51 million). Terrorism (standalone options available upon request). Network Security (Cyber Risk and Privacy Liability). Conclusion / Recommendations Considering the continuing challenges in the market, we are very pleased with the results that we have been able to obtain for this year s renewal. While some lines of coverages have increased in cost, for reasons outside of anyone s control, we have been able negotiate some options that represent significant cost savings as well as broadening of coverage. Renewing based on Option I will result in a premium savings of $27,000 while maintaining the same coverages in place. In addition, renewing based on Option II will result in savings of more than $40,000, and provide additional valuable coverage. Additional premium savings of about $8,000 can be obtained by selecting a new insurer for School Leaders Liability insurance, and this may be something to consider as well. We continue to recommend that the District consider increasing the Non-named Windstorm, and/or the All Other Perils limit, particularly for the higher-valued locations. And please let us know if there are any other coverages or exposures you would like to discuss. Thank you for allowing us the opportunity to present this renewal. We appreciate the trust you have placed in Arthur J. Gallagher Risk Management Services, and pledge our personal and corporate commitment to serving the Clay County School District. 14

16 Appendix: School Leaders Policy Comparison National Union Western World Carrier / Policy Information A. M. Best Rating A XV A+ IX FL Authorization Status Admitted Non-Admitted FIGA Participation Participates Does not participate Policy Form School Leaders Modified Not-for-Profit D&O Coverage Trigger Claims Made and Reported within 30 days of expiration Claims Made and Reported within 60 days of expiration Domestic Partner Recognized Recognized Limits Aggregate Limit $1,000,000 $1,000,000 Crisis Management sublimit $25,000 $25,000 Defense Provisions Defense Expense Outside of Limit $1,000,000 sidecar, then erodes limit Defense Expense for Non- Monetary Demands Included $100,000 Defense Expense for Corporal Punishment Covered, if successful $100,000, if successful Choice of Counsel Included Included, with lower fee allowances Softened Hammer N/A 50/50 Claims Expense Aggregates IEP Hearing $100,000 Included Desegregation $100,000 $100,000 Breach of Contract $100,000 $100,000 Breach of Fiduciary Duty $25,000 $25,000 Retention/Deductibles Each Wrongful Act $50,000 $50,000 Each Employment Practice $50,000 $50,000 Each IEP Hearing $25,000 $50,000 Premium* $45,268 $37,203 * Subject to additional state surcharges, and favorable review of additional information. 15